. >> michael was splashed with water by the political candidate who is under investigation by the fbi. >> i'm sorry to bother you. >> the number one reason why mitt romney should appear on the late show,down, john mccain once blew us off. how did that turn out? >> eliot: i love david letterman. they're back and they opened shop again to answer the constitution's toughest questions. we're talking the supreme court coming up next. presents coverage of the presidential debate. with unrivaled analysis and commentary. >> you're going to hear that used as a major talking point. (vo) the only network with real-time reaction straight from the campaigns and from viewers like you. >>now that's politically direct. >> eliot: after a summer off to smooth over tensions and frayed relations, the justices of the supreme court came back to work today. the entire nation watched after they. upheld the affordable care act. now they're back for another term of tough decisions and maybe frayed relationships. joining me now to make sense of it all, jeffrey rosen from george washington university legal affai